The applied-for-trademark consists of “ALE’S” in standard characters.  “ALE” means “a style of beer”.  “’S” means “a suffix used in English to indicate possession”, etc.

The words constituting the applied-for mark, when combined, do not form an idiomatic expression having a specific meaning.  In addition, in light of the meanings of the words, even though a meaning “of ale (a style of beer)” is understood, it is difficult to say that the applied-for-trademark specifically indicates the quality, etc. of the goods because generally it is not possible to find facts that “’s” is used with “beer” and “English words denoting types of beer” to indicate possession and/or relationship and because the meaning is vague.

The Appeal Examiners did not find any facts that “ALE’S” has been commonly used to indicate the quality, etc. of goods in trade in the field of the designated goods through ex-officio searches.  Further, they did not find any circumstances in which traders and consumers recognize “ALE’S” as an indication of the quality, etc. of the goods.

With the above in mind, it is difficult to say that the applied-for-trademark consists solely of a mark indicating the quality, etc. of goods in a common manner.  The applied-for-trademark can serve as a distinguishing mark.

Thus, the applied-for-trademark should be registered.